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Have you been accused of a domestic violence charge? If so, you face tough prosecution from the California legal system, which takes domestic violence cases extremely seriously. Aside from an aggressive court system that aggressively pursues offenders, there are also numerous agencies, organizations and task forces that condemn domestic violence and place pressure on prosecutors to gain as many convictions as possible. When you also consider the fact that emotions run high in domestic violence situations, it becomes clear that these cases can become incredibly difficult. If you face such allegations, you need an attentive and aggressive criminal defense attorney who has experience in domestic violence cases.
What is domestic violence?
Domestic violence can take many forms, all of which can be considered a type of abuse or harassment from one partner to another in an intimate relationship. This can include cohabitants, spouses, domestic partners and others. Unlike assault and battery charges, domestic violence does not always involve physical abuse or contact. Other common forms of domestic violence can include sexual assault, emotional or psychological harassment, threats, stalking, violating restraining orders and others. In any situation, alleged offenders face harsh social stigmas that can affect the outcome of cases. In order to ensure that your criminal proceedings are conducted fairly and that you receive the legal support you need, it is vital that you have legal representation.
California Domestic Violence Charges
According to the California Penal Code § 273.84, District Attorney offices throughout the state receive support for establishing spousal abuser prosecution units. This means that many counties, including San Mateo, have the resources to focus on strictly prosecuting alleged offenders. Some of the more prevalent domestic violence charges in California include:
Corporal Injury to a Spouse or Cohabitant
C.P.C. § 273.5 makes any physical injury to a spouse or domestic cohabitant a crime. This can include any physical contact that results in a "traumatic condition," which may include visible injuries such as bruises and cuts. Penalties can range depending on the severity of the crime, and can be prosecuted as either a misdemeanor or a felony. Fines of up to $6,000, probation, participation in diversion programs, and imprisonment for up to one year in county jail or four years in a state prison are possible punishments.
As defined by C.P.C. § 242, battery is any willful and unlawful use of force or violence upon another person. C.P.C. § 243(e), explicitly prohibits battery against a domestic partner. Unlike corporal injury charges, domestic battery laws do not require visible injuries. Domestic battery charges are penalized by harsh fines, including additional fines to battered women's shelters, participation in a batterer's treatment program and up to one year in a county jail.
In addition to these charges, the firm is prepared to defend against allegations of criminal threats, unlawful kidnapping, child endangerment, domestic violence relating to sex crimes, and any other domestic violence charge you may be facing.
Redwood City Criminal Defense Attorney Defending Against Charges
The emotional tension, harsh prosecution and other extenuating circumstances involved in domestic violence cases require a strong defense. The fact of the matter is that domestic violence allegations can often happen to innocent people. Turbulent relationships can result in false accusations and the potential for life altering consequences. In addition, many alleged offenders act out of self-defense, which can complicate both the defense and prosecution of a case.
Sharp attention to investigations, testimony and evidence are a necessity for building strong cases. At the Law Office of James Dunn, attorney Dunn can evaluate your case to determine the supporting evidence in your favor and work swiftly and intelligently to build your strong defense. If you would like to discuss your case with attorney James Dunn, contact the firm today.